Narrative Opinion Summary
Mother appeals a judgment that granted father custody of their son, with the stipulation that custody is contingent upon father's marriage to his current wife. Upon de novo review, the court agrees with the trial court's decision to award custody to the father but finds that conditioning custody on the continuation of his marriage is not supported by relevant statutes or case law. The court cites ORS 109.103, ORS 107.137, and ORS 107.105(1)(a) as the basis for this conclusion. Consequently, the specific condition regarding the father's marriage is ordered to be removed from the judgment. The case is remanded to the trial court for the entry of a modified judgment reflecting this change.
Legal Issues Addressed
Custody Determination under ORS 109.103subscribe to see similar legal issues
Application: The court reviews and upholds the trial court's decision to award custody to the father, based on statutory guidance.
Reasoning: Upon de novo review, the court agrees with the trial court's decision to award custody to the father...
Modification of Judgment and Remand Proceduresubscribe to see similar legal issues
Application: The court orders the removal of the marriage condition and remands the case to the trial court for entry of a modified judgment.
Reasoning: Consequently, the specific condition regarding the father's marriage is ordered to be removed from the judgment. The case is remanded to the trial court for the entry of a modified judgment reflecting this change.
Prohibition of Conditional Custody Based on Marital Statussubscribe to see similar legal issues
Application: The court finds that conditioning custody on the father's marriage to his current wife is unsupported by law and orders the removal of this condition from the judgment.
Reasoning: ...finds that conditioning custody on the continuation of his marriage is not supported by relevant statutes or case law.